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ACCA Applied Skills · Corporate and Business Law (Global) · Alternative dispute resolution mechanisms

Granger Ltd contracted with Hale Co. The contract names a particular arbitration institution's rules and says the tribunal will have three arbitrators, one chosen by each party and the third by those two. Hale Co refuses to appoint its arbitrator. Which answer best describes how the appointment problem is normally resolved?

The agreed institutional rules or arbitration law normally provide a default appointment mechanism, such as an institution or court appointing the arbitrator. A refusal by one party does not void the agreement or let the other party choose the whole tribunal.

  1. AThe agreed rules or the relevant arbitration law provide a default appointing mechanism, such as an institution or court appointing the arbitratorCorrect
  2. BThe arbitration agreement automatically becomes void
  3. CGranger Ltd may appoint all three arbitrators itself without any procedure
  4. DThe dispute must be settled by mediation instead

Explanation

Institutional rules and arbitration laws normally supply a default mechanism so that one party cannot frustrate the process by refusing to appoint. The agreement does not become void, and a party cannot freely pick the whole tribunal unless the rules allow it. Mediation is not substituted.

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